LGUs hail CA decision to stop Subic coal plant

SUBIC BAY FREEPORT—Local government officials in Zambales hailed the Court of Appeals’ (CA) decision to stop a coal-fired power plant project in this free port. They also vowed to continue their opposition to the project that they feared would harm the Subic Bay environment.

Olongapo City Mayor James Gordon Jr. said the city council had passed two resolutions opposing the 600-megawatt coal-fired power plant of Redondo Peninsula Energy Inc. (RP Energy) to show that local officials and residents do not want the plant in their midst.

“We maintain our opposition to the [RP Energy coal-fired power] plant. [Government leaders] should put the welfare of their constituents above any other consideration,” he said.

On Jan. 30, the CA declared as invalid the lease development agreement (LDA) and environmental compliance certificate (ECC) of the power plant.

Terry Ridon, Kabataan party-list president and lawyer of the stakeholders who filed a writ of kalikasan against the project, said the appellate court nullified the LDA and ECC because of lack of local government approval and the National Commission on Indigenous Peoples’ certification and violation of ECC restrictions.

Ridon said that while the CA did not issue a temporary environmental protection order (Tepo), the construction of the coal plant must be immediately stopped because it no longer has any legal leg to stand on.

Asked if the resolution that the Subic Bay Metropolitan Authority (SBMA) board of directors approved last month would constitute a new contract or an amendment to the original contract that RP Energy signed with the agency, SBMA Chair Roberto Garcia said the agency has to evaluate its legal position due to the CA ruling.

Garcia said SBMA lawyers would issue an opinion on the issue next week.

He said SBMA personnel would also check if RP Energy had stopped construction of the coal plant in Redondo Peninsula.

Zambales Vice Gov. Ramon Lacbain II, in a statement, credited the CA justices for recognizing and respecting the “overwhelming position of the people in opposing the establishment of a coal-fired power plant in Subic Bay.”

“The issuance of the ECC by the Department of Environment and Natural Resources (DENR) and the approval of the LDA by the former SBMA board [headed by Administrator Armand Arreza] are both not in accordance with the position of the majority of the people of Subic and its adjoining communities,” he said.

“Aside from the perceived ill effects on the environment and health, this proposed coal plant has no direct economic benefits to the local governments in terms of taxes. What is worse is it may even negatively affect the revenue and employment generated by the tourism industry inside Subic Bay,” he said.

Zambales Rep. Milagros Magsaysay, in a text message, said RP Energy should stop from deliberately misleading the public with statements saying that the CA had junked the writ of kalikasan.

“They are twisting the fact that there is no writ or Tepo issued. There is none because there is no coal plant to speak of,” she said.

In an earlier statement, lawyer George Aquino, who represents RP Energy, said the consortium presented “overwhelming evidence that the power plant project will not cause any adverse environmental impact.”

“It will utilize state-of-the-art technology and RP Energy took great care in complying with all the requirements for the issuance and amendments of the ECC, as required by the DENR,” he said. Robert Gonzaga, Inquirer Central Luzon